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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.

With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.

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The first thing that you should do is to call 911. This will allow the police and medical first responders to be dispatched to the truck accident scene and to handle the emergency. After that call is made and you are out of immediate danger, then it is important to collect as much evidence as possible if you are physically able to do so.

Get the Following Evidence If You Can

While you are still at the truck accident scene, it is important to:

Take pictures. Pictures can provide valuable information about how the accident happened. You can use the camera on your cell phone to take photos of the position of the vehicles in the crash, the damage done to each vehicle, road conditions, weather conditions, and anything else that could be relevant to your recovery.

Take note of the names and contact information for all of the witnesses. Anyone who saw the accident happen or who stopped to help after the crash could be a valuable witness. Make sure to get their names, phone numbers, and email addresses.

Record the truck driver’s name and license information. This will help you identify the driver again later.

Write down the trucking company’s name and contact information. The trucking company is a potential defendant in the case and the insurance policy that covers the accident may be held by the trucking company. Accordingly, it is important that you have this information readily available as you move forward with a potential claim.

Of course, your physical condition and the specific circumstances of the accident may prevent you from gathering every type of evidence described above. However, this will not prevent you from filing a successful truck accident case.

Your truck accident lawyer will conduct a full investigation and determine what happened to cause your truck accident injuries. Then, you can take steps to pursue your recovery by filing a truck accident case and pursuing settlement negotiations.

Yes. Even if the truck accident was not your fault, there are certain mistakes that can make your fair recovery more difficult. However, if you are aware of the potential mistakes that you can actively try to avoid them and thereby protect your legal rights.

Five Important Things NOT To Do After a Truck Crash

Apologize. Try not to say that you are sorry at the scene of the crash. It may be misunderstood as a claim of negligence rather than a simple statement about being sorry that the crash occurred.

Speculate about what happened. Do not make any guesses about why the truck crash occurred. The police will conduct an investigation at the accident scene and your lawyer will gather additional evidence in order to determine exactly what happened and who was at fault.

Discuss the accident with anyone other than your lawyer. Anything that you say may be misconstrued and used against you later. Thus, it is important to direct any insurance adjusters or anyone else who wants to talk about the crash to your attorney.

Fail to follow your doctor’s orders. Failing to follow your doctor’s treatment plan could hurt your physical recovery and it could make your legal and financial recovery more difficult.

Post on social media. Insurance adjusters and defense lawyers will be looking to your Facebook page, Twitter feed, Instagram account, and other forms of social media to determine the extent of your injuries. It is important not to post about the accident, your injuries, or any of your activities online.

While we encourage you not to do these things, we know that the time immediately following a truck crash can be confusing. One mistake may not jeopardize your entire recovery, but the steps that you take now to protect that recovery may be even more important. Following a truck accident you should speak with an experienced truck accident lawyer as soon as possible. Contact us online or call us directly at 800.800.5678 for a free consultation today and learn more tips for protecting your truck accident recovery.

It can be difficult to think clearly after a truck accident leaves you injured and in pain. Your initial reaction is the right action—you should get immediate medical attention for your injuries. A doctor can help you manage your immediate pain, diagnose your injuries, and create a treatment plan so that you can recover to the maximum extent possible.

However, while getting good medical care is the most important thing that you can do to help yourself after a truck accident, it is not the only thing that you should do.

Three Other Things You Can Do After a Truck Crash

In addition to getting medical help, you can help protect your fair recovery of legal damages by:

Collecting evidence. Any evidence that you can collect at the scene of the crash may be helpful. This may include (but may not be limited to) taking pictures of the accident scene and getting the names and contact information for any witnesses to the crash.

Being careful about who you speak to and what you say. Insurance adjusters have a job to do and that job is to pay you as little as possible for your claim. In an effort to do that job, they may use your own words against you in a way that you did not mean for those words to be used. Be very careful what you say. Do not speculate about the causes of the crash and do not apologize.

Calling an attorney as soon as possible. An attorney can talk to insurance adjusters on your behalf and make sure that all of your rights are protected throughout the litigation and settlement processes.

You’ve been through a terrible trauma. While these steps may seem simple enough to follow, there are many details that can help or hurt your potential legal claim. You should speak with an experienced truck accident attorney as soon as possible. Let us help you navigate the complicated steps that you need to take so that you don’t have to worry about making a potentially costly mistake. Contact us online or call us directly at 800.800.5678 to schedule a free, no-obligation consultation and to learn more tips for protecting your truck accident case.

In some basic ways, car accident cases, truck accident cases, and most other personal injury cases are the same. In order to make a recovery, the person who was hurt must be able to prove that the defendant’s negligence caused the injury and the injured party must be able to prove the value of the damages. In either a truck accident case or a car accident case, a recovery may be made through settlement negotiations or in court.

But There Are Important Differences

While the basic premise of a truck accident case and a car accident case may be the same, there are important differences that often make truck accident cases more complicated than car accident cases. These differences include:

The number of potential defendants. Defendants in a truck crash may include the trucker, the trucking company, the company that loaded the cargo, the manufacturer of the truck, or the maintenance people who worked on the truck.

The complexity of the crash. Given the potential number of defendants and the federal regulations that govern the trucking industry, a truck accident case can be complicated.

The injuries and damages suffered in the crash. The size and weight of the truck can lead to significant injuries and damages.

Additionally, truck accident defendants are almost always represented by attorneys. They have a lot at stake financially and they want a strong defense. If you have been injured in a truck crash then you should be prepared for that defense and be ready to fight for your fair and just recovery.

Your time to file a case in court is limited. The Wisconsin statute of limitations typically provides truck accident injury victims with three years to file a complaint in court. However, there are important exceptions to this rule, and there are compelling reasons to take action long before the statute of limitations is set to expire.

Statute of Limitations Exceptions

While you generally have three years from the date of your truck accident injury to file a personal injury case in court, there are important exceptions to that rule. For example, the statute of limitations may be extended if:

You were a minor at the time of the truck crash. If you were under the age of 18 when the crash occurred and your parent or guardian did not take legal action on your behalf, then you typically have two years from your eighteenth birthday to file a case.

You were mentally incompetent at the time of the truck crash. If you were unable to file a claim because of a mental disability and your guardian did not take legal action on your behalf, then the statute of limitations may be extended for up to five years.

Additionally, your time to legal action may be shortened if you are hurt in a crash with a government truck.

Don’t Miss a Deadline That Could Jeopardize Your Recovery

If you try to file a complaint in court after the statute of limitations has expired, then the defendant’s lawyer will likely file a motion to dismiss your case. The judge will grant that motion and end the case without your recovery of any damages.

Accordingly, it is important to take action quickly—well before the statute of limitations expires and while evidence is still obtainable. You can take action by speaking with an experienced truck accident lawyer to schedule a free, no-obligation consultation.

If you have legal standing to file a personal injury case in Wisconsin, then you have the right to file a truck accident case in state court. It is important to know whether you have standing before you take action. If you do not have standing and you file a complaint in state court, then you can expect the defendant will quickly file a motion to dismiss and that the motion will be granted without your recovery of any damages.

An experienced truck accident lawyer can help prevent this from happening to you so that you don’t unnecessarily incur expenses and stress related to a lawsuit that you do not have standing to file.

Four Situations When You Might Have Standing

You were hurt in the accident. You must have suffered physical injuries and not just property damage in the case in order to file a personal injury claim.

You are the parent or guardian of a minor child who was hurt in the accident. Children under the age of 18 cannot bring their own cases in state court. As the child’s parent or legal guardian, you may file a personal injury claim on your child’s behalf.

You are the legal guardian of an adult who was hurt in the accident. Some adults with diminished mental capacity may have court-appointed legal guardians to help them make important decisions. A personal injury case is one of these decisions and should be considered by you if you are the legal guardian of someone who was hurt in a Wisconsin truck crash.

You are the personal representative of the estate of someone who died in a truck crash or you are someone with the legal right to recover damages in a wrongful death case. The Wisconsin statutes are clear about who can be the plaintiff in a wrongful death case and should be consulted after a fatal truck crash.

Yes, in some cases you may still be able to obtain a court verdict or negotiate an insurance settlement even if you were partly at fault for the truck crash that left you injured on a Wisconsin roadway. What you may be able to recover depends on the amount of fault that is ultimately attributed to you.

Wisconsin Comparative Negligence Law

Your negligence was not greater than the negligence of the defendant from whom you seek damages.

Your negligence was less than 51% of the total negligence that caused the crash.

The amount of damages that you can recover will be reduced by the percentage of fault that is assigned to you. For example, if you are found to be 25% responsible for the crash because you were speeding and the trucker is found to be 75% responsible for the crash because he made an illegal turn, then your recovery of damages would be reduced by 25%. Thus, if the value of your damages is found to be $100,000, you would be able to recover $75,000.

It will be up to you and your attorney to convince the insurance company or the court of the percentage of fault that should be attributed to each defendant and to you. This will require compelling evidence and convincing arguments. It is a matter that you should expect will be hotly contested and one that your attorney will pay a lot of attention to beginning at your first consultation and continuing throughout your case.

Yes, if you have been injured in a truck accident then you likely need an attorney to represent you. Your time to file a truck accident case is limited by law and your recovery is important to your future. Accordingly, you want to have every advantage when it comes to negotiating a truck accident settlement or having your case decided in court.

How a Lawyer Can Help

Your attorney can:

Complete a full investigation. This will help you get the evidence that you need to support your claim and identify the right defendants.

Negotiate with insurance companies. The insurance companies have skilled negotiators working to limit your recovery. You deserve to have a skilled negotiator working to get you a fair recovery.

Make sure that all deadlines are met. The statute of limitations creates a deadline by which a complaint must be filed in state court. If you miss this deadline, then your case may be dismissed and you will not recover damages. Once a case is filed, other deadlines also apply.

Advocate for your full recovery in court. An experienced truck accident lawyer can represent your interests in court and help you get the legal recovery you deserve if a settlement is unattainable.

You do not have to worry about the cost of hiring a lawyer. Our experienced truck accident attorneys work on a contingency fee basis. That means that we are paid a percentage of your ultimate recovery and not an hourly fee. If you don’t recover anything, then we don’t get paid.

How to Hire a Truck Accident Lawyer

Truck accidents are different from car accidents. You want a lawyer experienced with truck accident cases and one whom you trust to work hard on your behalf.

Before you hire any lawyer, it is important to schedule a free consultation with that lawyer. During this meeting, you can learn more about how a truck accident case works, your potential recovery, and how an attorney can help you get the recovery that you deserve. Contact us online or call us directly at 800.800.5678 to schedule your free consultation.

You ask a very important question because your answer could have a significant impact on your eventual financial recovery.

Insurance adjusters are doing the work of the insurance companies which employ them. Insurance companies maximize their profits by paying out as little as possible in settlements. Their goal is to get you to settle for as little as possible, and anything that you say may be misconstrued and used against you during settlement negotiations.

How to Handle the Phone Call

Once you are aware of the insurance adjuster’s goal, it is easy to see how anything that you say can quickly become a problem. A question as simple as, “How are you?” that is answered with a reflexive, “I’m good, how are you?” can be taken to mean that you are not actually suffering the injuries that you claim to suffer from your truck accident. Even if you are able to get through that question, you can be confident that the insurance adjuster has been trained to ask other leading questions that are designed to get you to make a mistake.

You can avoid these potential costly pitfalls by directing the insurance adjuster to your attorney. Once the insurance company is notified that you are represented by legal counsel, all communications—whether verbal or written—should be directed to your lawyer. You will no longer have to deal with the stress of answering questions or the fear that you are making a mistake.

Your experienced truck accident lawyer will not only answer the insurance adjuster’s questions about your truck wreck. Your lawyer will also represent your interests during settlement negotiations and advocate for your full and fair recovery of damages. Those damages should include compensation for all of your medical expenses, lost income, physical pain, emotional suffering, and other costs. Therefore, we encourage you to start protecting your rights now by contacting an experienced truck accident lawyer to learn more about how a truck crash case works and the damages that you might recover. Contact us online or call us directly at 800.800.5678 to schedule your free consultation today.

If you choose to do nothing, then you will be the one who pays for all of your medical bills.

But It Doesn’t Have to Be Like That

Instead, you may be able to receive compensation for past, current, and future health care costs from the trucker, trucking company, or other party that caused your truck accident or from the insurance companies that insure the defendant(s).

As with any type of damages, you will need to prove the value of your damages to the insurance company or to the court. The evidence that you may need to establish the value of your damages could include:

Any cost that you can prove is related to the diagnosis, treatment, or cure of your injury may be included in your recovery.

An experienced truck accident lawyer can help you identify all of the potential medical costs that you may recover and present the right evidence to convince the insurance company or the court of the value of the recovery that you should make.

To learn more, please schedule a free, no-obligation consultation with our legal team as soon as possible. We want to help you get the full and fair truck accident injury recovery that you deserve as soon as possible. If you've been involved in a truck accident, contact us online or call us directly at 800.800.5678 to schedule your free consultation.